Excelsior Correspondent
Srinagar, Apr 22: The High Court has directed the Power Development Department for compensation with interest to the next kin of a person who died due to electrocution as negligence on part of the department.
The wife and children of the deceased have filed the instant petition seeking a direction upon the authorities for providing compensation to them for the death caused to Fayaz Ahmad Bhat, due to electrocution.
The deceased was working as a Class-IV and on 23rd July, 2009, while the deceased along with other officials were on duty at Hamdania Colony, Bemina, in connection with measurement of canal, the deceased slipped from the bank of the canal and touched the barbed wire installed and received strong electric shock and died on spot.
The next kin of the deceased alleged that the PDD is equally responsible for the negligence and dereliction of duty which resulted in death of the deceased and, as such, they are also liable to pay compensation to the petitioners. It is averred that the officials of the PDD did not take care to inspect the electric supply connection as per the mandate of law.
Court said, it is the duty of the officials and officers of the PDD to regularly check all electric connections, particularly vital installation, high tension wires and transformers. It is their statutory duty to ensure that no mishap takes place on account of lack of proper maintenance of these installations.
“…the petitioners are entitled to a compensation of Rs 15,72,592 along with interest @6% per annum from the date of filing of this petition till its realization. The said amount shall be payable to the petitioners by respondents No.1 to 4 and upon its realization, it shall be paid to the petitioners in equal shares to the petitioners”, Justice Sanjay Dhar directed.
Court was informed that the Challan in lieu of FIR against the officials of the PDD stands already dismissed by the Trial Magistrate and, as such, it cannot be stated that the officials of the Power Development Department were negligent.
“This argument is destined to be rejected because acquittal or discharge of the officials of the Power Development Department does not mean that they were not negligent. There is a distinction between negligence which is punishable under criminal law and the negligence which gives rise to tortuous liability”, Justice Dhar said.
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